Criminal convictions appear on background checks and affect your ability to obtain employment and state licenses. Criminal convictions stay on your record permanently unless you petition the court for a dismissal, also known as an expungement. Most criminal convictions are eligible for dismissal under California Penal Code 1203.4 pc and 1203.4(a) pc.
Expungements can take two or more months to be granted by the court therefore it is recommended that you petition for expungement as soon as you become eligible.
Am I Eligible for an Expungement in CA?
You are eligible to petition for expungement if:
- You are not now serving a sentence, on probation, or have charges pending against you.
- Probation has expired or terminated early successfully.
- OR if probation was not granted then it must be one year since your conviction.
If you are still on probation you may be eligible for early termination of probation in order to apply for an expungement. Attorney Jennifer Monroe can help you file a motion for early termination of probation.
If you violated probation you may still be eligible for expungement but it may require a formal motion in addition to the standard petition for expungement.
You are not eligible for an expungement if you went to state prison or were convicted of certain sex crimes or vehicle code violations.
What does Expungement mean?
Granting of a petition to dismiss under California Penal Code 1203.4 pc means that you have performed well on probation, have been rehabilitated, and are deserving of the dismissal relief.
Does an Expungement seal my record?
Expungement does not seal your record. Your criminal history will reflect an arrest, a conviction, and conviction set aside and dismissed pursuant to California Penal Code 1203.4. However, it is always better for it to show a dismissal than just a conviction.
Do I have to report my conviction if I have it Expunged?
Once expunged you are no longer required to report the conviction of applications for private employment. You will still have to disclose the conviction on applications for public employment, public office, lottery, and state license applications. However, disclosure does not mean denial of your applications and you will be given an opportunity to explain that you have had the case expunged.
Los Angeles and Ventura County Assault and Battery Defense Attorney
Call Jennifer Monroe directly at (805) 501-1880 for immediate assistance with your assault and battery case.